Battle Over Arizona Border Initiative Heads to Supreme Court

The fight to prevent a controversial border initiative from appearing on Arizona's November 5 ballot continues. Immigrant advocates have appealed a judge's ruling to the state Supreme Court, arguing the measure violates the single-subject rule. Supporters insist it addresses border security, while opponents warn of racial profiling and hefty policing costs.

The fight to keep a proposed border initiative off Arizona's November 5 ballot is not over yet. Immigrant advocates kept the issue alive this week by filing notice to the state Supreme Court that they will appeal a judge's ruling blocking their effort. The Maricopa County Superior Court judge had, on July 12, rejected the attempt by advocates to prevent the initiative from reaching the ballot. They argue that the measure breaks legislative rules by addressing more than a single subject.

Attorney Andy Gaona, representing several groups, was working Friday on legal briefs for the case, which he filed later that day. The Legislature will have until July 26 to respond, Gaona said. He asserted that combining unrelated provisions in one measure undermines legislative debate, forcing lawmakers to vote on a package that includes parts they may not support. "We do think that single subject provision was violated," said Gaona. "We hope that the court agrees."

Supporters of the initiative argue it addresses a single issue: border security. The GOP-controlled Legislature, in early June, voted to allow the proposal to be placed on the ballot, asking voters whether local law enforcement should be empowered to arrest migrants crossing illegally from Mexico into Arizona between ports of entry. The measure would also authorize state judges to order the deportation of convicted offenders.

Similar to a Texas law currently held by a federal appeals court, Arizona's proposal includes making it a felony punishable by up to 10 years' imprisonment for selling fentanyl resulting in death and requiring government agencies to use a federal database to verify noncitizen benefits eligibility.

Opponents caution that this legislation may lead to racial profiling and add multimillion-dollar policing costs that Arizona can't afford. With Arizona playing a crucial role in upcoming national elections, Republican backers hope the initiative keeps focus on border issues, while opponents accuse them of diverting attention from an abortion-rights measure.

(With inputs from agencies.)